PC Existed to Stop White-Colored Truck Even Though Informant ID'd a Black Truck

U.S. v. Traxler, 2007 WL 614266 (3/1/07) - The officers had probable cause to stop a truck, even though the "credible" informant said the truck was black when the defendants' truck was white. A number of facts corroborated the informant, including the arrival of a pickup truck of the make and model alleged by the informant, the truck's rendezvous with a car registered in Arizona from which state the informant said the drugs were coming and evasive driving techniques.

The following statements by the judge to the defendant did not violate due process or the First Amendment: "The fact is, good things can come from jail. A guy named Paul was put in jail a couple thousand years ago and wrote a bunch of letters from jail and people are still reading those letters and being encouraged by them. Good things can come from jail and I hope they will in your experience." The record did not show the judge's personal religious views influenced the defendant's sentence. The judge did not indicate the defendant needed to endure a harsher sentence to pay religious penance.

In this post-Ruiz-Terrazas opinion, the 10th does not refer to that case. In agreement with Ruiz-Terrazas, the 10th holds plain error review applies where the defendant did not object to the d.ct.'s failure to refer to § 3553(a) factors. But, in contradiction of Ruiz-Terrazas, the 10th holds a non-frivolous motion for a below-guideline-range sentence requires the d.ct. to address the substance of the defendant's argument, although it does not have to refer to every § 3553 factor. The d.ct. complied with its obligations. It gave reasons for not going below the range and incorporated the PSR that referred to § 3553(a) factors.